Crowell v. State

ON state’s motion for rehearing

DICE, Judge.

The state, in its motion for rehearing, urges that the appellant’s complaint of the failure of the court to appoint counsel for him was not properly before us for review because the same was not presented by a formal bill of exception, but only presented by appellant’s motion for new trial.

It is insisted that Article 760e, V.A.C.C.P., does not authorize us to consider, in the absence of a formal bill of exception, the complaint in a motion for new trial as to the failure of the court to appoint counsel, and in support of this contention the state…